Legal Opinion

Miller v. Baker

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 127PublishedCited by 2 opinions

Appeal, No. 127, April T., 1916, by defendants, from order of C. P. Cambria Co., March T., 1915, No. 534, discharging rule to open judgment in case of Miller & Costlow v. S. E. Baker and the Globe & Rutgers Fire Insurance Co', of New York. Rule to open judgment. The opinion of the Superior Court states the case. Error assigned was order discharging rule to open judgment.

1Opinion of the Court

Opinion by

Williams, J.,

The defendant Baker had a policy in the Globe and Rutgers’ Insurance Company of New York. A fire occurred and the company admitted its liability. The plaintiffs, who had a judgment against Baker, attached the amount due him in the hands of the company. Upon interrogatories, the defendant company admitted its liability to Baker in the sum of five hundred dollars, whereupon judgment was entered for the plaintiffs, March 5, 1915, upon the answers to the interrogatories. The company on July 19,1915, presented its petition for an opening of the judgment upon the ground that…

2Cases cited5 opinions

  1. King v. BrooksSupreme Court of Pennsylvania · 1873
  2. McCready v. GansSupreme Court of Pennsylvania · 1913
  3. Allegheny Savings Bank v. MeyerSupreme Court of Pennsylvania · 1868
  4. Dean v. MunhallSuperior Court of Pennsylvania · 1899
  5. Baker's AppealSupreme Court of Pennsylvania · 1886

3Cited by2 opinions

  1. Brader v. AlinikoffSuperior Court of Pennsylvania · 1925
  2. Citizens Bk. of St. Clair v. GwinnerSuperior Court of Pennsylvania · 1933

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